Appealing Discovery Sanctions in California

In California, only sanction orders or judgments exceeding $5,000 are appealable prior to final judgment. (Code Civ. Proc., § 904.1, subd. (a)(12).) If you want to appeal a sanction award less than $5,000, you have to wait until after entry of final judgment in the main action. (Code Civ. Proc., § 904.1, subd. (b).)

Strategically, then, if you want the opposing party to have to wait until after entry of final judgment to be able to appeal and therefore stay the enforcement of a sanctions order, your sanctions request should not exceed $5,000.

Code of Civil Procedure § 904.1 states in relevant part:

(a) An appeal, other than in a limited civil case, is to the court of appeal. An appeal, other than in a limited civil case, may be taken from any of the following:

(11) From an interlocutory judgment directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000).

(12) From an order directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000).

(b) Sanction orders or judgments of five thousand dollars ($5,000) or less against a party or an attorney for a party may be reviewed on an appeal by that party after entry of final judgment in the main action, or, at the discretion of the court of appeal, may be reviewed upon petition for an extraordinary writ.